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Catherine Ito & Yu Ito 6/28/2023
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Catherine Ito & Yu Ito 6/28/2023
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Last modified
7/21/2023 2:19:19 PM
Creation date
7/21/2023 2:19:06 PM
Metadata
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Contracts
Contractor's Name
Catherine Ito & Yu Ito
Approval Date
6/28/2023
End Date
6/28/2033
Department
Real Property
Department Project Manager
Darcie Byrd
Subject / Project Title
Rain Garden Maintenance
Tracking Number
0003841
Total Compensation
$0.00
Contract Type
Real Property
Contract Subtype
Other Real Property
Retention Period
10 Years Then Transfer to State Archivist
Imported from EPIC
No
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As part of the Program,the Owner grants the City the irrevocable right to use <br /> photographs of the System in all forms and media. <br /> C. Expiration of this Agreement. <br /> This Agreement expires on the tenth anniversary of the Effective Date. <br /> D. Maintenance of Rain Garden. <br /> 1. Obligation to Maintain. After the installation of the Rain Garden <br /> and until the expiration of this Agreement,the Owner shall maintain the Rain <br /> Garden in accordance with the maintenance plan attached as Exhibit B to this <br /> Agreement ("Rain Garden Maintenance Plan").This maintenance is at the Owner's <br /> sole cost.The Owner shall not materially alter the Rain Garden without the written <br /> consent of the City Public Works Director or his/her designee. <br /> 2. Procedure if Owner Fails to Maintain. If the Owner fails to maintain <br /> the Rain Garden in accordance with the Rain Garden Maintenance Plan,the City <br /> may deliver written notice of the failure to the Owner. If the City delivers such a <br /> notice, the Owner shall cure the failure within 30 days after the delivery of the <br /> notice. If the Owner does not cure the failure within the 30 days,the City may enter <br /> upon the Property and undertake any work necessary to maintain the Rain Garden, <br /> and the Owner shall reimburse the City for the costs the work within 10 days after <br /> delivery of an invoice from the City. <br /> D. City Right to Inspect. <br /> The Owner hereby grants permission for the City to enter upon the <br /> Property from time to time to inspect the Rain Garden. This permission remains <br /> in effect until the expiration of this Agreement. <br /> E. Other. <br /> The Owner consents to recording of this Agreement.This Agreement runs <br /> with the land and binds all of the Owner's successors-in-interest. This Agreement is <br /> the entire agreement between the City and the Owner relating to the Rain <br /> Garden. No amendment or termination of this Agreement is effective unless it is <br /> in writing and signed by the Owner and by the Mayor of the City. Upon <br /> expiration of this Agreement, the City shall, at the request of the Owner, record <br /> 3 <br />
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